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Supreme Court Published Opinions - September 2002

Note: Beginning in June 2012, opinions will be posted as Adobe PDFs. You can download a free copy of Adobe Reader here.

The summary following each opinion is prepared to offer lawyers and the public a general overview of what a particular opinion decides. The summary is not necessarily a full description of the issues discussed in an opinion.

9-3-2002 - Opinions

25524 - Frasier v. State

This is a post-conviction relief matter addressing what must be shown in order to establish a right to relief when the trial judge provides incorrect advice regarding parole.

25525 - Auto Now Acceptance Corp v. Catawba Insurance Co

Contract case involving whether an insurer must notify a loss payee when a premium finance company cancels an insurance policy on behalf of the insured.

25526 - State v. Weik

Death sentence affirmed. Appellant was competent, and remained competent during proceedings; issues related to a plea and jury charge were not preserved; photos were properly admitted in the penalty phase; and the death sentence was not disproportionate.

25527 - Mizell v. Glover

In this medical malpractice action, the Court granted plaintiff a new trial based on an inaccurate statement by defense counsel in his closing argument.

9-9-2002 - Opinions

25528 - Gardner v. State

In this case, the Court granted Petitioner post-conviction relief, finding Petitioner had not knowingly and voluntarily waived his right to counsel because he was not sufficiently apprised of the dangers of self-representation.

9-23-2002 - Opinions

25530 - In the Matter of Vannie Williams, Jr.

In this opinion, the Court placed Vannie Williams on indefinite suspension for commingling and misappropriating client funds and for failing to maintain required financial records.

9-30-2002 - Opinions

25531 - Tate v. State

This is a post-conviction relief case in which the Court found trial counsel ineffective in failing to object to a jury charge that malice is presumed from the use of a deadly weapon.